Legislature(2023 - 2024)BELTZ 105 (TSBldg)
02/02/2023 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB12 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 12 | TELECONFERENCED | |
SB 12-ADDRESS CONFIDENTIALITY PROGRAM
3:32:33 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO. 12
"An Act relating to confidentiality of information; relating to
the duties of the Department of Administration; creating an
address confidentiality program; and providing for an effective
date."
He stated the intention is to hear the introduction, invited,
and public testimony then hold the bill for further
consideration.
3:33:27 PM
SENATOR JESSE KIEHL, District B, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 12, introduced the legislation
speaking to the following sponsor statement:
SB 12 creates an address protection program for
victims of sexual assault and domestic violence, peace
officers and correctional officers, and their
families.
Alaska is one of only nine states without any form of
address protection program. They are so widespread
because they are essential. A person needs an address
to vote, drive, work, send children to school, and
much more. When that address shows up in a public
record, an Alaskan seeking safety from a stalker or
abuser faces unnecessary danger. So do Alaska law
enforcement professionals who face threats of
retribution.
An address protection program gives those Alaskans a
tool to stay safe.
Under SB 12, the state would keep a Post Office Box
and confidentially forward mail to Alaskans with a
protective order, public safety professionals, and
their families. Victims and those protecting our state
deserve the chance to live safely.
SENATOR KIEHL shared the story that prompted the bill. A former
colleague who worked in victim services talked about someone who
had fled a life-threatening situation in another state and moved
to Anchorage. The former victim got a post office box and
registered to vote. One day when she went to the post office,
she spotted her former abuser sitting in his car outside the
building. He emphasized that nobody should have to go through
that to cast a ballot and while current law allows an individual
to keep their home address private, a mailing address is
required and that is a public record.
SENATOR KIEHL explained that SB 12 creates an address protection
program in the Department of Administration. DOA already has
some mail services to which this new program could be added. Any
peace officer, correctional officer, or somebody who has a
protective order can register to use the secure state post
office box and a state employee will forward the individual's
mail confidentially and securely. He acknowledged that this was
a difficult time to consider new state programs, but this one
was very important. It's about protecting people's lives and
their families.
3:37:42 PM
ELLA ADKISON, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, presented the following sectional
analysis for SB 12 on behalf of the sponsor:
Sec. 1: Adds peace officers and correctional officers
participating in the address protection program to the
chapter of state law that contains confidentiality
rules for some court records.
Sec. 2: Makes home addresses and telephone number of
peace officers and correctional officers enrolled in
the program confidential in court documents and
requires that they be redacted before releasing a
document containing them.
Sec. 3: Protects the home address and telephone number
of peace officers and correctional officers enrolled
in the program in open court and generally prevents
them from being placed in court files unless ordered
by the court.
Sec. 4: Defines "correctional officer" using the same
language as AS 18.65.290.
Sec. 5: Puts the program in the Department of
Administration.
Sec. 6: Creates the program.
(b) requires a Post Office Box as a substitute
mailing address for enrollees and instructs the
department to forward mail to participants. It
charges the department with protecting
confidentiality and requires regulations to govern
enrollment and withdrawal.
(c) describes eligible participants as people
sheltered by a protective order and their parents,
guardians, children, and household members. It also
admits peace officers and correctional officers.
(d) requires state and municipal agencies to accept
the P.O. Box.
(e) describes the eligibility period.
(f) forbids the department from charging a fee.
(g) allows access to confidential addresses subject
to a search warrant.
(h) establishes penalties for unlawfully revealing a
protected individual's address.
(i) defines certain terms.
Sec. 7: Establishes a transition period for the
department to adopt regulations to implement the
program.
Sec. 8: Let's the department begin its regulation
process immediately.
Sec. 9: Sets an effective date of Jan. 1, 2024 for the
rest of the bill.
3:39:29 PM
SENATOR CLAMAN noted that page 4 referenced a protective order
under Title 13. chapter 26. He asked what kind of protective
orders fall under Title 13.
SENATOR KIEHL replied these are the same protective orders that
are used for domestic violence cases. The court legislative
representative said this type of protective order was uniform
nationwide.
SENATOR CLAMAN summarized his understanding that an individual
registered in the program would receive their mail at the
confidential and secure state post office box and someone from
the state would forward the individual's mail to their actual
address.
SENATOR KIEHL said that's the notion and the bill gives DOA
significant flexibility to define how that will work in
regulation. The expectation is that only first class mail would
be forwarded.
SENATOR CLAMAN asked for confirmation that DOA currently does
not have an existing program for forwarding mail.
SENATOR KIEHL said that's correct.
SENATOR CLAMAN observed that in Section 1, the current statute
only protects victims of and witnesses to a charged crime. The
bill expands that protection to include domestic violence
protective orders and other noncriminal matters.
SENATOR KIEHL said that's correct and only an individual's
personal home address the protected.
SENATOR CLAMAN noted that individual addresses are readily
available by looking at municipal property records. He asked if
the law would impact what the Municipality of Anchorage (MOA)
does or doesn't do regarding addresses in their property
records.
SENATOR KIEHL said it won't have an effect because MOA passed a
local ordinance that removes the addresses of victims of violent
crimes from the public record. The property owner who registers
for the proposed program would receive their property tax
statement from the state post office box.
3:44:17 PM
SENATOR CLAMAN asked if this would create a duty on local
governments.
SENATOR KIEHL responded that the bill requires a municipality to
accept the protected address as the individual's mailing address
but as currently written, there is no duty for municipalities to
purge their tax records. An individual would have to make that
request. The individuals who will use the protective program are
genuinely in fear for their life and safety. They may have moved
to a different city or state and if the concern is great enough
they may resort to using a trust to purchase property so their
name does not appear in the recorder's office.
3:45:59 PM
CHAIR KAWASAKI asked if this would create a duty on school
districts.
SENATOR KIEHL answered that school districts will be required to
accept the protected state post office box as a student's
mailing address. The bill applies to household members of the
person protected by a protective order. The language about
correctional officers comes from other areas of the statutes; it
includes a person who is employed in a correctional institution
in the state.
CHAIR KAWASAKI turned to invited testimony.
3:48:00 PM
JODY REAUSAW, Business Agent, Alaska Correctional Officers
Association, Juneau, Alaska, provided invited testimony in
support of SB 12. She stated that correctional officers receive
threats to themselves and their families fairly often. She said
it is also worthy of note that inmates look for officers'
personal information for malicious reasons, for cache, and
sometimes to trade with other inmates. Gaining access to an
officer's address can also be used to obtain more personal
information. Correctional officers work long days in a difficult
environment, and they are often worried about the safety of
their families. SB 12 will provide major relief for officers who
opt to participate in the program. She reiterated the Alaska
Correctional Officers Association's support for SB 12.
3:50:19 PM
CHAIR KAWASAKI opened public testimony on SB 12.
3:50:36 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), Juneau, Alaska, testified
in support of SB 12. She stated that Alaska is one of just six
states that does not have an address confidentiality program for
victims of domestic violence, sexual assault, and stalking. She
noted that she recently learned from child support enforcement
that if a noncustodial parent requests the custodial parent's
address, the division sends a mailer. If a response is not
forthcoming, the address is released. She said this speaks
directly to the need for an address confidentiality program.
MS. STANFILL provided some statistics.
• For the last 10 years Alaska has ranked second for deaths
of women by men.
• In 2020 Alaska was number one for deaths of women by men.
• Alaska has more than twice the national average of deaths
of women by men.
• Alaska Native women are killed by men at a rate that is
four times the national average.
• 25 percent of these murders involve a firearm.
MS. STANFILL said there isn't enough law enforcement in rural
areas of Alaska so there often is nobody to come to these
women's aid. Shelter programs that could protect these women are
often not available. For someone who lives in a rural community,
transportation can be an impediment. She emphasized that women
in rural communities face great challenges when somebody intent
on doing harm learns where they live.
MS. STANFILL reported that stalking is the most prevalent form
of surveillance that abusers use. Abusers who stalk former
partners do so on average for 2.2 years. Stalking is a way for
an abuser to continue to exercise control. ANDVSA believes that
an address confidentiality program would allow victims to
control who is able to find out their location. The address
confidentiality program would ensure that nobody could find out
where a registrant had moved. Legally creating such a program
would create another tool ANDVSA could use to help victims stay
safe and alive. She thanked the committee for its consideration
of SB 12.
SENATOR CLAMAN thanked her for her continued advocacy.
3:54:19 PM
CHAIR KAWASAKI closed public testimony on SB 12 and held the
bill for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB12 ver A 1.25.23.PDF |
SSTA 2/2/2023 3:30:00 PM |
SB 12 |
| SB12 Sponsor Statement 1.25.23.pdf |
SFIN 3/28/2023 9:00:00 AM SSTA 2/2/2023 3:30:00 PM |
SB 12 |
| SB12 Sectional Analysis ver A 1.31.23.pdf |
SSTA 2/2/2023 3:30:00 PM |
SB 12 |
| SB12 Fiscal Note DOA-SSOA 1.27.23.pdf |
SSTA 2/2/2023 3:30:00 PM |
SB 12 |
| SB12 Supporting Document-Support Letter 1.26.23.pdf |
SSTA 2/2/2023 3:30:00 PM |
SB 12 |
| SB12 Supporting Document-Support Letter 2.20.23.pdf |
SSTA 2/2/2023 3:30:00 PM |
SB 12 |